HomeMy WebLinkAbout07- Bon Ton of Billings for Preliminary Plat Review of Allison Subdivision, Future Phases
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF
BON TON INC. OF BILLINGS FOR PRELIMINARY
PLAT REVIEW OF ALLISON SUBDIVISION, FUTURE
PHASES, CITY OF BOZEMAN, GALLATIN COUNTY, MONT ANA
FINDINGS OF FACT
AND ORDER
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Unified Development Ordinance, public hearings were
scheduled, after notice given, before the Bozeman Planning Board on March 20, 2007, and before the
Bozeman City Commission on April 2, 2007, on the above-entitled application. The applicant
presented to the City Commission a proposed preliminary plat to subdivide 100.82::1:: acres and create
three hundred twelve (312) mixed use residential lots and 7.41::l:: acres of dedicated parkland, together
with the required supplementary plans and information. The purpose of the public hearings hearing
was to consider all relevant evidence relating to public health, safety, and welfare, including the
required environmental assessment and recommendation of the Planning Board, to determine whether
the plat should be approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of Allison Subdivision,
Future Phases, a residential mixed-use major subdivision, was submitted to the City of Bozeman
Department of Planning and Community Development on August 7, 2006. On September 6, 2006 the
Allison Subdivision Future Phases - Findings of Fact and Order
Development Review Committee found that the preliminary plat application and required elements
containing detailed, supporting information was deemed inadequate for continued review.
Mr. Ray Center of Rocky Mountain Engineer's, engineering consultant representing Bon Ton
of Billings, submitted a written request on September 7, 2006 for an extension to the statutory 60-day
review period to prepare supplemental information requesting variances to the Unified Development
Ordinance for said preliminary plat application. On January 31, 2007 the applicant's consultant
submitted a formal request for variances to the Unified Development Ordinance to be considered with
the preliminary plat application for Allison Subdivision Future Phases.
The preliminary subdivision plat, as proposed, will subdivide 100.82:!:: acres and create two
hundred seventy-four (274) single-household residential lots, seventy (7) multi-family residential lots,
thirty-one (31) townhouse lots, and dedicate approximately 7.41 + acres of public parkland. All lots
will be served by City of Bozeman water and sanitary sewer services and accessed by public streets
with the extension the Graf Street, Arnold Street, and South 11 th Avenue. All interior local subdivision
streets will be constructed to City street standards within dedicated public rights-of-way.
Said application for preliminary plat review includes a request for variances to the Unified
Development Ordinance from Section 18.42.020 "Neighborhood Centers" to develop a neighborhood
center that is not at the geographic center point of the development, Section l8.42.100.B.3
"Watercourse Setback" to encroach into the watercourse setback with fences for multiple subdivision
lots, and Section l8.44.060.D "Level of Service Standards" to allow the development of the subject
subdivision without level of service mitigation measures at the intersections of Kagy Boulevard and
South 11th Avenue, Kagy Boulevard and South ih Avenue, and South 3rd Avenue and Arnold Street.
II.
Notice of a public hearing before the City of Bozeman Planning Board and before the Bozeman
City Commission was published in the Bozeman Daily Chronicle on March 4. 2007 and the notice
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was posted at the site and mailed by Certified mail, return receipt requested, to all adjoining property
owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of Allison Subdivision, Future Phases on March 20,2007.
The Planning Staff reviewed the project at that time and discussed the recommended conditions
of the Development Review Committee and local review agencies, applicant's request for variances to
the Unified Development Ordinance, mix of land uses, subdivision design, transportation
improvements, signalization improvements, trail and pedestrian circulation, dedicated parkland, and
storm water runoff facilities.
The Planning Staff reported that written public testimony in opposition to the matter was
received by the Planning Office and provided in the Planning Board packet. Issues identified by
residents in the area included impact on groundwater, traffic impacts, flood plain influence, affordable
housing, cul-de-sacs, appropriate zoning, and bike and pedestrian circulation.
Ray Center, Rocky Mountain Engineers, representing Bon Ton of Billings, discussed the
subdivision design, affordable housing, street layout, parkland, watercourse setback encroachments,
traffic impacts, and discussed the applicant's request for variances to the Unified Development
Ordinance.
IV.
The Planning Board then opened the public meeting portion on said matter with fourteen (14)
members of the general public providing testimony with regard to flooding, impact on the depth to
ground water, trails, zoning designation, residential land uses, cul-de-sacs, real estate market, trail
system, no basement restriction, variances, traffic impacts, street design, and bike and pedestrian
pathways.
Allison Subdivision Future Phases - Findings of Fact and Order
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V.
After reviewing the staff recommendation, hearing the applicant's presentation, hearing public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed
under the procedures of the City of Bozeman Unified Development Ordinance and the adopted growth
policy, the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-
608, M.C.A., 1999.
The Planning Board considered the recommended conditions prepared by the Planning Staff
and Development Review Committee, and discussed depth to ground water, "no basement" restriction,
density, street improvements, storm water runoff, public testimony, signalization, pedestrian and trail
connectivity, requested variances, mid block crossings, parkland, elimination of cul-de-sacs south of
Graf Street, and water course setbacks.
VI.
The Planning Board then discussed the applicant's request for variances to the Unified
Development Ordinance, potential of watercourse setback encroachments, relocation of neighborhood
center, and methods of signalization improvements as a Special Improvements District.
The Planning Board considered staff's recommendation and criteria for consideration of said
variances to the Unified Development Ordinance and voted 6-0 in favor of the requested variance to
Section 18.42.020 "Neighborhood Center" (motion passed), voted 1-5 against the requested variance to
Section 18.44.060.0 "Level of Service Standards" (motion failed), and voted 2-4 against the requested
variance to Section 18.42.100.B.3 "Watercourse Setback" (motion failed).
VII.
The Planning Board found that with the recommended conditions as outlined in the staff report
and addition of condition thirty-seven (37) regarding location and placement of a Type II gravel fines
trail within the Gallagator Trail corridor, that the subdivision would comply with the primary review
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criteria, and therefore voted 6-0 to forward a recommendation of conditional approval to the Bozeman
City Commission as set forth in Planning Resolution No. P-06051.
VIII.
The matter of preliminary plat review of Allison Subdivision Future Phases was considered at a
public hearing before the City Commission on Monday, April 2, 2007.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation with regard to the requested variances and recommendation of conditional approval
of the preliminary plat as set forth in Planning Resolution No. P-06051.
Gene Graf, representing Bon Ton of Billings, provided an overview of the proposed major
subdivision and discussed affordable housing, lot size, street design, phasing, advocating cul-de-sacs,
and development of parkland.
Ray Center of Rocky Mountain Engineers, engineering consultant for Bon Ton of Billings,
discussed in further detail the issues related to street design, placement of dedicated parkland, cul-de~
sacs, and treatment of storm water runoff.
IX.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with nine (9) members of the general public offering comment on the matter of the preliminary
plat application. Public testimony included concerns with preferred alignment of Graf Street,
subdivision street design, groundwater, placement of public trail system, wetlands, impact of potential
flooding, affordability, density, and traffic impacts.
The City Commission considered the staff report prepared by the Planning Staff and
Development Review Committee, and the recommendation of the Planning Board and then discussed
street intersections, groundwater monitoring, and the recommendations by G.Y.L.T. for trail
improvements and pedestrian street crossings.
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x.
The City Commission then considered the minutes of the Planning Board meeting, Resolution
of the Planning Board, Planning Office staff report, public record, the developer's testimony, and
weighed the proposed subdivision against the primary criteria for consideration of subdivisions
established in Title 76-3-608, and found as follows:
76-3-608.3.a.M.C.A.
Primary Review Criteria
1. Effects on Agriculture
Historically, the subject property has been used for agricultural purposes with the majority of
the 100-acre tract used for small grains and alfalfa. Soil conditions confirm the site as being
good producing soils for agricultural activity. However, the limited area of the subject
property is not of a substantial size to accommodate a viable farmstead. In 2000 the subject
property was annexed and zoned "R -1" in anticipation of developing at urban density. The
Future Land Use Map of the Bozeman 2020 Community Plan designates the property to
develop as "Residential". Therefore the site is considered a reasonable area for consideration
of urban growth with proximity to the area's transportation network and ability to extend
municipal infrastructure to the site.
2. Effects on Agricultural Water Users Facilities
The applicant notes in the Preliminary Plat application that no downstream water user facilities
will be impacted with subdivision of the property. Although the subdivider does not anticipate
any impacts to downstream water users with this subdivision, it is recommended that a notation
be provided on the final plat and protective covenants stating that the Allison Subdivision will
not interfere with any agricultural water user facility or irrigation ditches for downstream water
rights.
3. Effects on Local Services
Sewer and Water: Access to municipal infrastructure and public services is available.
However, access requires the developer to extend existing water and sanitary sewer mains in
Graf Street, South 111h Avenue and Arnold Street. The cost of extending infrastructure to the
property will be the sole responsibility of the developer, unless over sizing of water and/or
sanitary sewer main capacities is requested by the City. In such cases, the City of Bozeman
will participate in the over sizing of infrastructure. The City Engineer's Office has determined
that adequate capacity is generally available in the facilities plan for municipal water and
sanitary sewer to service the proposed subdivision.
Streets: All street and alley improvements will be public streets constructed to acceptable City
standards with curb, ~utter, pavement, boulevard sidewalks, and storm water facilities. Graf
Street and South 111 Avenue shall be constructed to City standards for collector roads.
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Signalization improvements at the intersection of Kagy Boulevard and South 11 th Avenue,
Kagy Boulevard and South 3rd Avenue, and South 3rd Avenue and Graf Street are
recommended by the City Engineer's Office.
Police/Fire: The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Division prior
to filing of the final plat to facilitate fire and police response to the site. The applicants
provided letters from the Bozeman Fire Department and American Medical Response. Both
letters indicate that the service provider could provide adequate service to this proposed
development. A site for a new fire station was reserved with the filing of the subdivision plat
of Meadow Creek Subdivision at the intersection of South 19th Avenue and Graf Street to
provide emergency service to that area of community south of Kagy Boulevard. Any
remaining issues identified by the Development Review Committee are addressed in the
recommended conditions of approval provided by the City Engineer's Office.
Stormwater. The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process. The proposal shows storm water being discharged into Figgins
Creek. The Engineering Department recommends a condition for the provision of appropriate
treatment of solids, silt, oils, grease and other pollutants from storm water runoff.
Parks/Trail. For parkland dedication, 7.919 acres would be required for this development. The
applicants are proposing to dedicate 7.41 acres as a public park at the northwest comer of the
property. The remaining 0.508 acres will be provided as cash-in-lieu of parkland dedication or
additional dedicated parkland along the Gallagator Trail corridor. The applicant has also
requested a variance to the placement of the neighborhood center at the geographic center point
of the development. This is in order to achieve a larger pubic park with future development in
the immediate area The Recreation and Parks Advisory Board (RPAB) indicated support of
the park plan and variance to locate the neighborhood center as proposed.
The park system will include landscaping, trails, active playground areas, neighborhood center,
and playground equipment. The Superintendent of Recreation and Parks envisions the long
term development of the public park as an ideal location for an aquatic center or other public
recreational facility. Planning staff has recommended a condition requiring that the final park
plan indicate which amenities will be installed by the developer, and that the developer be
responsible for installing the proposed neighborhood center and playground equipment. RP AB
was supportive of this recommended condition
Planning staff, Parks and Recreation Superintendent, RP AB and GVL T have recommended
that the Gallagator Trail be reconstructed to a Type II natural fines trail along the west side of
Figgins Creek. Special attention to mid-block crossings of the Gallagator Trail at Graf Street
and Arnold Street must also be addressed by the applicant upon approval by the City Engineers
Office.
Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary
plat shows 1 a-foot utility easements being provided along the fronts of the lots. Letters from
the applicable utility companies were provided indicating that service can be provided to this
new development.
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4. Effects on Natural Environment
The applicant provided a letter from the State Historic Preservation Office regarding cultural
resources on the subject property. The letter from SHPO indicates that there is a low
likelihood that cultural properties will be impacted. Staff is recommending a condition
requiring that should historical, cultural and/or archeological materials be inadvertently
discovered during construction of this project, the State Historical Preservation Office (SHPO)
and the Bozeman Historic Preservation Office shall be contacted immediately and construction
activities shall cease
With exception to Figgins Creek, associated wetlands, and limited mature vegetation already
discussed by staff, no additional physical or topographical features have been identified (i.e.,
outcroppings, geological formations, steep slopes). Any mitigation and enhancement of
wetlands will occur only with the approval of 310 and/or 404 Permits from the Gallatin County
Conservation District and Army Corp of Engineers. Groundwater quality will be protected by
the installation of municipal sanitary sewer services and appropriate measures are proposed by
the developer with residential construction. Provisions have been discussed in the applicant's
submittal to address the control of noxious weeds, agricultural fencing and maintenance of park
land/open space, and will be further addressed with the protective covenants and compliance
with the recommended conditions of approval.
5. Effects on Wildlife and Wildlife Habitat
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. No known endangered species or
critical game ranges have been identified on the proposed subdivision. The Department of
Fish, Wildlife & Parks has not identified any impacts on wildlife and wildlife game range
habitat with this development proposal. Therefore, no significant effects on major wildlife
game and their habitat should occur as a result of the proposed mixed-use major subdivision.
6. Effects on Public Health and Safety
The Bozeman Development Review Committee (D.R.C.) reviewed the preliminary plat
application for the future phases of Allison Subdivision; and as result, has not identified any
significant impacts to the area's public health and safety that can not be mitigated with the
recommended conditions forwarded to the Planning Board and City Commission. The
applicant has requested variances to the Unified Development Ordinance (V.D.O.) for
signalization improvements at the intersections of Kagy Boulevard with South 11 th Avenue and
South ih Avenue and intersection of South 3rd Street and Graf Street. Finding that the level of
service for said intersections are currently below Level of Service "C", the City Engineer's
Office is recommending denial of requested variances.
Because development of the property will include municipal sanitary sewer services, the threat
of groundwater degradation from on-site sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
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All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995
regardless of compliance with master plan status. As a result, the Planning Office has
reviewed this application against the listed criteria and further provides the following summary
reVIew:
76-3-608.3.b.M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and
Platting Act.
Prior to filing of any future plates) for this subdivision, said plats must comply with the survey
requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the
Gallatin County Clerk & Recorder's Office upon review and approval by City staff.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unrnet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code
or state law. The following requirements are standards of the Bozeman Unified Development
Ordinance and shall be addressed on the final plat:
a. Section 18.42.040.B - That all block lengths shall not be more than 400 feet in length nor
less than 300 feet in length, unless a variance to Section 18.42.040 "Blocks" of the Bozeman
Subdivision Regulations is granted by the City Commission.
b. Section 18.42.060.B - Requires all utility easements to be noted on the Final Plat for each
typical subdivision lot/block, exclusive of notations on the final plat.
c. Section 18.42.060.D.4 - States that storm water runoff from a development shall not be
discharged directly to an irrigation facility. This will further require all storm water facilities to
be designed in a manner that addresses the criteria set forth by the Planning Office
d. Section 18.42.100 - A qualified landscape professional shall either document that the
current watercourse setback planting plan meets the requirements of Section 18.42.100 of the
BMC or a watercourse setback planting plan shall be prepared by a qualified landscape
professional and shall be reviewed and approved by the Planning Department prior to the
commencement of development or site preparation. The plan shall include a schedule for
planting and landscaping as outlined in Section 18.42.100 of the BMC for Zone I and Zone 2
improvements.
e. Section 18.42.150 - That the Lighting Plan shall reflect the standards outlined in the
V.D.O. A lighting plan shall be submitted for review and approval prior to the contracting,
creation of an S.I.L.D. and installation of the lights. The plan shall include a pole light detail
with spacing based on high pedestrian conflict, a local street pole light at one per local street
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intersection, and a bollard light detail for placement at pathway/street intersections. All lights
including the bollard light shall conform to the City's requirement for cut-off shields.
f. Section 18.42.180.C - Requires 10% of the net building acreage to be dedicated to
Restricted Size Lots, or a minimum of 234,179 square feet for this subdivision. The RSL
designation shall be recorded on the individual lots and as a notation on the final plat in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180 of the BMC.
g. Section 18.48.070 - Irrigation, sod and street trees on all external streets and adjacent to
public parks or other opens spaces is required ofthe developer. It is recommended that internal
streets also be landscaped with boulevard trees to maintain consistency with an urban
streetscape throughout the subdivision. A landscape plan shall be submitted, identifying the
location and tree species to be installed by the developer, prior to installation of the trees or
final plat, whichever comes first.
h. Section 18.50.040 - The Park Master Plan will need to clearly identify who is responsible
for improvements to the public parkland. Any reference to "by others" will need to be more
clearly outlined as to responsibility of improvements (i.e., homeowner's association, City of
Bozeman, etc.). It is recommended that as part of the neighborhood center for this subdivision
park that the play area in conjunction with a shelter, and associated landscape improvements be
installed by the developer.
i. Section 18.50.080 - The subdivider will be responsible for leveling park area(s),
amending the soil, seeding disturbed areas to allow mowing with turf type mowers, and
installing an underground irrigation system in compliance with City standards.
j. Section 18.50.080.D - All storm water retention or detention facilities may be located
within a park but not counted towards the final parkland dedication. All areas identified in the
subdivision for the purposes of retention/detention storm water facilities shall be noted on the
subdivision plat as "Common Areas" owned and maintained by the property owner's
association, and noted accordingly in the property owner's association documents, for review
and approval by the Planning Office. All storm water facilities must be designed in a fashion
that is landscaped as effective landscape features (i.e., not rectangular or box-like), with slopes
not more than 1:4 , or 25%, with an average depth of not more that two feet. All collection and
outlet facilities must also be properly landscape and screened from the general public. All
storm water facility outlet structures will be properly landscape and a minimum distance of not
less than ten (10) from any watercourse high water mark will be required. Placement and
design of the facilities will be approved by both the City Engineer's Office and Planning
Office.
k. Section 18.50.110 - Pathways must be maintained by the developer in conformance with
the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner's
association is responsible for pathway maintenance. Plans and specifications for the trail will
need to be reviewed by the Parks Department prior to construction. A Type II Class trail is
recommended along the watercourse corridor with the placement of appropriate pedestrian
crossings at all intersections with interior subdivision streets. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
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typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
1. Section 18.72 outlines the requirements for creation of a property owners association and
bylaws or declaration of covenants, conditions, and restrictions. In addition, the staff report
recommends additional items be included.
m. Section 18.78.060.G - A professional cultural resource inventory of the site to be
conducted by a qualified archeologist is necessary. The results of said survey must be provided
to the Planning Office and the State Historic Preservation Office prior to the disturbance of any
of the subdivision grounds.
n. Section 18.78.070.0 - the Final Park Plan must be submitted, reviewed and approved
prior to submitting for Final Plat approval of the first phase of the major subdivision. Four (4)
bound copies of the plan shall be submitted to the Planning Office for review and approval
prior to installation of any improvements or upon Final Plat approval, whichever comes first.
The document shall address all of the criteria outlined in Section 18.78.060.P.
The developer will submit a formal development plan signed by a certified landscape
architect for the design of all dedicated parklands within said subdivision for review and
approval by the Superintendent of Facilities and Public Lands, and Bozeman Recreation
and Parks Advisory Board. Details of plantings, species, topography, irrigation system,
and any permanent park features shall be shown and discussed with the plan.
Construction of the parkland improvements will be to City standards and must be
completed with City oversight. Improvements shall be installed within all dedicated
parklands according to the Implementation Plan and schedule approved by the
Superintendent of Facilities and Lands, and the Recreation and Parks Advisory Board.
o. Section 18.78.070.C - A Memorandum of Understanding shall be entered into by the
Weed Control District and the subdivider for the control of county declared noxious weeds and
a copy provided to the Planning Department prior to Final Plat approval.
p. That the applicant obtain written approval of a park land implementation plan outlining
installation of landscape improvements, trail/bike path improvements, and maintenance and
upkeep of the park lands and trails, and that said implementation plan be noted accordingly in
the protective covenants and restrictions of the property owner's association documents, for
review and approval prior to Final Plat approval.
q. That the applicant verify that that all subdivision lots have the minimum required lot
width at the front yard setback.
r. That the final plat contain a notation stating that all downstream water user facilities will
not be impacted by this subdivision and that it also be noted accordingly in the by-laws and
protective covenants for the homeowners' association.
s. That the final plat shall comply with Section 16.08.070 "Final Plat" and Chapter 16.32
"Certificates" of the City of Bozeman Subdivision Regulations, and shall conform to all
requirements of the Uniform Standards for Final Subdivision Plats including provisions for all
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appropriate certificates and language, certification from the City Engineer that as-built
drawings for public improvements were received, and accompanied by all appropriate
documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be
submitted for final plat approval, along with two (2) digital copies of the final plat, on a double
sided, high density 3'1z-inch floppy disk; and five (5) paper prints.
t. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
A.R.M.
u. That the applicant execute and file with the final plat a waiver of right-to-protest creation
of a city-wide park maintenance district for review and approval by the City of Bozeman for
maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval
(may have been done with the Annexation Agreement).
v. The final plat shall provide public utility easements along side and rear lots lines as
required by the subdivision regulations. However, in the event front yard easements are used,
side and rear yard easements must still be provided on the plat unless written confirmation is
submitted to the Planning Office from all utility companies indicating that front yard
easements are adequate to service said subdivision lots. The easement notation required in
Section 16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the
final plat.
w. The subdivider shall ensure that all construction material and other debris are removed
from the subdivision prior to final plat approval, or prior to release of said financial guarantee,
if an Improvements Agreement is necessary with the final plat.
x. That the developer shall enter in an Improvements Agreement with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the Final Plat is filed prior to installation
of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements.
y. That the developer shall have three (3) years from the date of Preliminary Plat approval to
complete the conditions of preliminary plat approval and apply for Final Plat approval. At the
end of this period the City Commission may, at the written request of the subdivider, extend its
approval for a period of no more than one (1) calendar year except that the City Commission
may extend its approval for a period of more than one (1) year if that approval period is
included as a specific condition of a written subdivision improvements agreement between the
City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman
Subdivision Regulations.
z. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public streets and all
lots must be provided to and approved by the City Engineer.
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The master plan must depict the maximum sized retention basin location, show location
of and provide easements for adequate drainage ways within the subdivision to transport runoff
to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a storm water maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space. Stormwater
ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established based
on maximum site development. Final facility sizing may be reviewed and reduced during
design review of the FSP for each lot.
aa. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record drawings. Construction shall
not be initiated on the public infrastructure improvements until the plans and specifications
have been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
bb. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other
non-lot frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
cc. City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall
be included on the plat and in the covenants for the subdivision.
dd. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
ee. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and
any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
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ff. Flood Plain:
a.A Flood Plain Development Permit must be obtained from the City Engineer prior to
any construction activity within the delineated 100 year floodplain.
gg. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be less
than 10 feet from the edge of easement.
hh. Project phasing shall be clearly defined including installation of infrastructure.
ii. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
jj. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.I of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
kk. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section
at any time during the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all costs associated
with the work if it becomes necessary for the City to correct any problems that are identified.
(iii) - Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act.
The public hearings before the Planning Board and City Commission have been properly
noticed, as required by the Bozeman Unified Development Ordinance. The notice was mailed
to all adjoining property owners by certified mail and noticed in the Bozeman Daily Chronicle.
Based on the recommendation of the D.R.C. and other applicable review agencies, as well as
any public testimony received on the matter, the Bozeman Planning Board shall forward a
recommendation in a Resolution to the Bozeman City Commission who will make the final
decision on the applicant's request.
76-3-608.3.c. M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
76-3-608.3.d. M.C.A.
(d) - Provisions of legal and physical access to each parcel.
Allison Su bdivision Future Phases - Findings of Fact and Order
]4
All lots within the major subdivision will have direct access onto dedicated public streets.
XI.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for Allison Subdivision Future Phases to subdivide 100.82:1:
acres and create two hundred seventy-four (274) single-household residential lots, seventy (7) multi-
family residential lots, thirty-one (31) townhouse lots, and dedicate approximately 7.41 + acres of
public parkland, would comply with the requirements of the Bozeman Unified Development
Ordinance and the Montana Subdivision and Platting Act if certain conditions were imposed.
XII.
The City Commission considered the conditions of approval presented in the Resolution of the
Planning Board and moved to approve the application for preliminary plat approval with the thirty-
seven (37) recommended conditions of approval and the addition of condition thirty-eight (38) to
require the applicant to install six monitoring wells along Figgins Creek. The motion carried on a vote
of 3-2.
XIII.
The City Commission then moved to consider modifications and/or amendments to the
previous action of conditional approval of the preliminary plat application for Allison Subdivision
Future Phases.
The City Commission moved to eliminate condition of approval ten (10) regarding elimination
of cul-de-sacs south of Graf Street. The motion passed on a vote of 3-2.
The City Commission moved to modify the action of preliminary plat approval by extending
Opportunity Drive to Salgado Circle and connect the cul-de-sacs at Salagado Circle and Drobynk
Circle through to Opportunity Drive. The motion carried on a vote of 4-1.
Allison Subdivision Future Phases - Findings of Fact and Order
15
The City Commission moved to modify the recommendation of denial to the applicant's
request for a variance to Section 18.44.060.D "Level of Service Standards" by eliminating said
reference to South 3Td Avenue and Arnold Street in order to grant the variance for South 3Td Avenue
and Arnold Street. The motion carried on a vote of 3-2.
The City Commission moved to consider a motion that would route construction traffic away
from Arnold Street from South 3Td Avenue to Allison Subdivision. The motion carried on a vote of 5-
O.
The City Commission moved to consider a motion to restore condition ten (10) to eliminate the
cul-de-sacs south of Graf Street. The motion failed on a vote of 2-3.
ORDER
IT IS HEREBY ORDERED, on a vote of 3-2, that the Preliminary Subdivision Plat to
subdivide
100.82:f: acres and create two hundred seventy-four (274) single-household residential lots, seventy (7)
multi-family residential lots, thirty-one (31) townhouse lots, and dedicate approximately 7.41 + acres of
public parkland known as Allison Subdivision Future Phases has been found to meet the primary
criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the
conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of-way are provided.
This City Commission order may be appealed by bringing an action in the Eighteenth District
court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
Allison Subdivision Future Phases - Findings of Fact and Order
16
1. AI' No Access Strip shall be shown on the plat along the entire frontage of 11 Ih Avenue and Graf
Street.
2. A temporary turnaround shall be installed at the end of any dead end street which is more than 1 lot
long. This shall include dead ends created by project phasing.
3. The water main shall be 24" diameter in Graf Street and 12" diameter in 11 III Avenue III
accordance with the City's Water Master Plan.
4. If an easement can be obtained for South 151h Avenue and Arnold Street from the adjacent
landowner, the entire street section exclusive of the sidewalk on the adjoiner's side shall be
constructed. If the easement cannot be obtained, curb, gutter, standard boulevard, and sidewalk on
the subdivisions side, along with a minimum pavement width of24' shall be installed.
5. Stromwater shall not be discharged to any irrigation ditch unless a variance is requested and
approved by the City Commission.
6. All street intersections not meeting the separation distance required by section 18.44.090.D of the
UDO shall be right in right out only at their intersection with 11 III and Graf unless the information
required by section 18.44.090.H to grant a deviation by is provided to and approved by the City
Engineer.
7. Radiuses to accommodate turning movements shall be installed in all of the alleys.
8. South Illh Avenue shall be constructed in its entirety from its current terminus to the north and
south with the first phase of the subdivision unless otherwise approved by the City Commission. If
it is not required, an alternate phasing plan of streets with two street connections out of this
subdivision for all phases shall be submitted for review and approval by City Engineering and the
Fire Marshall.
9. All improvements necessary to provide adequate level of service at the intersections analyzed in
the Traffic Impact Analysis (TIS) must be installed or financially guaranteed prior to filing of the
plat for each phase. No building permits will be issued for a phase until all improvements required
for the phase are installed and accepted. Approval of the TIS must be obtained from the Montana
Department of Transportation and for all improvements along Kagy Boulevard.
10. The subdivider shall obtain and provide written evidence of permission for any relocation, piping
or abandonment of ditches.
11. Graf Street shall include a 10 foot wide concrete boulevard sidewalk on the south side of the
collector road, if not on both sides.
12. The subdivider shall provide a neighborhood gathering place (pavilion with the initial phases,
meeting room within the aquatic center, etc.) and playground equipment in the Community Park
(neighborhood center) in addition to the standard requirement for boulevard street trees, irrigation,
seeding, sidewalks, etc.
Allison Subdivision Future Phases - Findings of Fact and Order
17
13. Park dedication requirements shall be met prior to or in conjunction with each subdivision phase.
Documentation of satisfaction of park dedication requirements in accordance with Section
18.50.020 of the BMC shall be provided.
14. Mid-block pedestrian walkways are required in the north half of Block 7 and in Block 4 to reduce
the uninterrupted block length to less than 600 feet. Pedestrian rights-of-way of at least 30 feet may
have a 5 foot side yard setback adjacent to the rights-of-way.
15. All lots shall be eliminated or redesigned to be located outside of the 1 DO-year floodplain and the
50-foot watercourse setback.
· The minimum first floor elevation (including basement) shall be 2 feet or more above the base
flood elevation and the minimum first floor elevation shall be designated on each lot on the
final plat.
· The Final Plat shall include a notation that although no lots are in the 1 DO-year floodplain, it is
recommended that lot owners consider obtaining flood insurance due to proximity to the 100-
year floodplain, and that it is recommended that lot owners consider construction of structures
on suitable fill at an elevation no lower than the base flood elevation.
16. Fences located in the front, side or rear yard setback of properties adjacent to any park or open
space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed
in a manner to be consistent along the entire open space corridor. This requirement with
appropriate exhibits shall be addressed and demonstrated in the covenants.
17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services
shall be shown on the landscaping plan of the park and open space plan, and approved by the
Water/Sewer Superintendent.
18. Covenants shall address the requirements for street trees, a COB planting permit for street trees and
obtaining utility locates before any excavation begins in the COB right of way.
19. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the
final plat.
20. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal
equipment.
21. The park(s) shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance responsibility
for both the park and open space, e.g.: public park, dedicated to the city and maintained by the
homeowners association; and open space, public access, owned by the landowners, maintained by
the homeowners association, etc. A twenty-five (25) public access easement centered on the
Gallagator Trail shall be provided on the final plat.
22. To enable the COB to proceed with plans for the Community Park (Aquatic Center), the
Community Park shall be dedicated and Arnold Street shall be dedicated or an easement granted
with final plat approval for the first phase.
Allison Subdivision Future Phases ~ Findings of Fact and Order
18
23. To enable the COB to proceed with plans for the Community Park (Aquatic Center), the subdivider
shall install the public improvements to the east side of the Community Park (including the
construction of Arnold Street) no later than 3 years from the date of final plat approval for the first
phase, unless the COB agrees to a longer time frame or to other another mechanism to guarantee
installation of improvements. This condition does not apply to the timing of any public
improvements installation required for subdivision lots.
24. The developer required improvements to the Community Park shall be designed and installation
phased to coordinate with the COB improvements to the Community Park.
25. To ensure adequate access to and parking for the Community Park, Arnold Street west of 11 Ih
A venue, South 15th A venue north of Graf Street, and all lots across Vollmer Street and Spring
Ridge Drive from the Community Park shall have aI' No Access Strip shown on the plat along the
entire frontage. All driveways shall be from other frontages or the alley.
26. The Gallagator Trail crossing of Graf Street shall be signed, physically delineated, and have
pedestrian bumpouts and pedestrian lighting.
27. The subdivider shall reconstruct the Gallagator Trail north of the Alder Creek Subdivision as
determined necessary by the Recreation and Parks Superintendent, Recreation and Parks Advisory
Board, and GVL T to bring it up to current transportation trail standards.
28. The Final Park Plan shall include:
a. Current and Future site planes) for the entire property with the current plan showing developer
installed improvements and the future plan showing any planned improvements not intended to
be installed by the developer;
b. The location of watercourse setbacks;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
~18.78.100;
d. Trail design and construction showing compliance with adopted City standards and trail
classifications;
e. The requirement for a preconstruction meeting prior to any site work;
f. Appropriate sections from the "Design GuidelinesJor City of Bozeman Parks";
g. Cost estimate and installation responsibility for all improvements;
h. The park shall be described as a community park with a community aquatic center and other
features as determined by the COB.
1. It is preferable that improvements to the Gallagator Linear Trail Park and Open Space corridor
be installed before improvements to the community park.
29. Subdivision lighting SILO information shall be submitted to the Clerk of Commission directly after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
30. The Final Plat shall include a notation stating that due to evidence of high ground water conditions
in the area full or partial basements are not recommended. The final plat shall contain a "No
Basement" restriction notation specifically for phase three, phase four, Lots 1-14 of Block 6, and
Lots 27-48 of Block 4 unless the applicant is able to provide further ground water information that
would justify eliminating said restriction. Buildings proposed for construction with crawl spaces or
Allison Subdivision Future Phases - Findings of Fact and Order
19
basements shall include Engineer Certification regarding depth of ground water and soil conditions
and proposed mitigation methods to be submitted with each Building Permit.
31. The final plat for each phase shall identify the remainder (of each phase of the subdivision) (of the
original tract of record) to be platted as an undevelopable lot in accordance with ~ 18. 74.080.B.6,
BMC, with the following language placed on each undevelopable lot of the final plat "Lot
development subject to further subdivision review." No public improvements shall be required for
the undevelopable lot until it is subdivided as a lot which is not subject to this restriction.
32. All storm water facilities located in dedicated parkland or common open space, or the Gallagator
Trail corridor shall be reviewed and approved by City Engineer's Office and Planning Office prior
to proceeding with construction of said faculties.
33. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
34. That the applicant submit with the application for Final Plat review and approval of Allison
Subdivision., a written narrative stating how each of the conditions of Preliminary Plat approval
and code provisions outlined on pages 12-17 of the staff report have been met or satisfactorily
addressed.
35. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
36. That prior to submitting for final plat review and approval of the initial phase(s) of said major
subdivision the applicant will coordinate the location and placement of a Type II gravel fines trail
within the Gallagator Trail corridor with Planning Staff, City Engineer's Office, Recreation and
Parks Advisory Board, and Gallatin Valley Land Trust, and that said trail improvements be
outlined in the park master plan and homeowner's association documents.
37. Further, there shall be installed six monitoring wells along Figgins Creek and that the results of the
monthly monitoring be presented to the Commission with each subsequent preliminary or final plat
application.
38. That Opportunity Drive be extended to Salgado Circle and connect the culwde-sacs at Salagado
Circle and Drobynk Circle through to Opportunity Drive.
39. That the applicant route construction traffic away from Arnold Street from South 3rd Avenue to
Allison Subdivision.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, April 2, 2010. At the end of this period the City Commission may, at the
request of the subdivider, extend its approval for not morc than one (1) calendar year. However,
Allison Subdivision Future Phases - Findings of Fact and Order 20
preliminary approval may be extended for more than one (1) calendar year if the developer enters into,
and secures, an Improvements Agreement for the Subdivision.
DATED this 11 th day of December 2007.
BOZEMAN CITY COMMISSION
~ fL{~.
F KRAUSS, Mayor
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ATTEST:
APPROVED AS TO FORM:
Allison Subdivision Future Phases - Findings of Fact and Order
21